Sharpe v. Roman Catholic Diocese of Dallas , 71 F. App'x 380 ( 2003 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    August 18, 2003
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    Clerk
    No. 02-11204
    Summary Calendar
    FRANCIS SHARPE,
    Plaintiff-Appellant,
    versus
    ROMAN CATHOLIC DIOCESE OF DALLAS; CHARLES V. GRAHMANN, Reverend,
    His Predecessors and Successors, as Bishop of the Roman Catholic
    Diocese of Dallas; WINDLE TURLEY; RANDAL MATHIS; MONTE FITE,
    Defendants-Appellees.
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:02-CV-522-G
    Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
    PER CURIAM:*
    Francis   Sharpe   appeals   the   district   court’s    judgment
    dismissing his action under 
    42 U.S.C. §§ 1983
     and 1985 for lack of
    jurisdiction under the Rooker-Feldman doctrine.1       Sharpe argues
    that his federal action does not amount to an attack on the prior
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that
    this opinion should not be published and is not precedent except
    under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    1
    See D.C. Court of Appeals v. Feldman, 
    460 U.S. 462
     (1983);
    Rooker v. Fidelity Trust Co., 
    263 U.S. 413
     (1923).
    state    court   judgment   because       his   federal   claims   are   not
    inextricably intertwined with the merits of the state court suit.
    Under the Rooker-Feldman doctrine, “[w]hen issues raised in a
    federal court are inextricably intertwined with a state judgment
    and the court is in essence being called upon to review the state-
    court decision, the court lacks subject matter jurisdiction to
    conduct such a review.”2     Although Sharpe argues that his federal
    suit differs from his state case because his federal complaint
    claims that the defendants violated his civil rights, “litigants
    may not obtain review of state court actions by filing complaints
    about those actions in lower federal courts cast in the form of
    civil rights suits.”3
    Sharpe’s pleadings belie his argument that the Rooker-Feldman
    doctrine is inapplicable: His complaint specifically requests a
    declaratory judgment that certain discarded church documents belong
    to him and should be returned to him.               The state court had
    previously granted summary judgment to the defendants on Sharpe’s
    claims requesting return of the documents. Sharpe’s federal action
    is clearly inextricably intertwined with the judgment in his prior
    2
    See Davis v. Bayless, 
    70 F.3d 367
    , 375 (5th Cir. 1995)
    (“When issues raised in a federal court are inextricably
    intertwined with a state judgment and the court is in essence being
    called upon to review the state-court decision, the court lacks
    subject matter jurisdiction to conduct such a review.” (internal
    quotation marks omitted)).
    3
    Hale v. Harney, 
    786 F.2d 688
    , 691 (5th Cir. 1986).
    2
    state court case.   Therefore, the district court’s judgment of
    dismissal is AFFIRMED.
    The motions to dismiss filed by defendants Turley and Fite are
    DENIED AS MOOT.
    3
    

Document Info

Docket Number: 02-11204

Citation Numbers: 71 F. App'x 380

Judges: Davis, Higginbotham, Per Curiam, Prado

Filed Date: 8/18/2003

Precedential Status: Non-Precedential

Modified Date: 8/1/2023